Terms and Conditions

Shire Talk Shire Talk is a local News, Events, Media and Marketing Agency.

Shire Talk: Terms and Conditions

1. Website Use

1.1. These terms and conditions (‘Terms’) set forth the terms and conditions under which Shire Talk NSW Pty Ltd (ABN 93 649 550 103) (‘Shire Talk, we, our(s), or us’) of c/o- Jeffrey Todd and Associates, suite 3/11 Forest Road, Hurstville NSW 2200 provide you with access to giveaways and governs your use of our website, www.shiretalk.com.au (the ‘Website’), and the Shire Talk Members Platform (‘Member’s Platform’) which may be made available through our Website as well as the information, content, features and services which may be offered via our Website (collectively the ‘Services’).

1.2. YOUR USE OF THE WEBSITE AND/OR THE SERVICES, OR THE PURCHASE OR ACCESS TO THE MEMBER’S PLATFORM INDICATES YOUR AGREEMENT TO THESE TERMS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THEM WHICH INCLUDES ANY CHANGES MADE BY SHIRE TALK OR AN INDIVIDUAL OR ENTITY ACTING AT OUR BEHEST FROM TIME TO TIME. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST CEASE USAGE OF THE WEBSITE OR ANY OF THE SERVICES IMMEDIATELY.

1.3. In continuing to use the Website you agree to be bound by any changes to these Terms, from time to time, as amended or updated Terms are posted to the Website. You agree and understand that Shire Talk may discontinue, bar, or restrict your use of the Website and/or Service(s) at any time for any reason, including a breach of the Terms, or for no reason, and without any prior notice to you.

1.4. You agree that you will not, in connection with the use of the Website, Services, or the App, that you will not violate any law or regulation. Without limitation, you further agree not to:

(a) post, make available, or otherwise distribute any material or information that infringes upon any copyright, trademark, patent, trade-secret, or any right of any party, including but not limited to any rights of privacy or publicity in connection with or via the Website, App, or Service(s);

(b) instigate, assist, or otherwise permit yourself or any other individual acting at your instruction or behest, to become involved in any type of digital attack, including but not limited to any digital attack on the Website, App, Service, disruption of or an attempt to disrupt the Website, Service(s) or the App, or the access and/or use of any other party in connection with the Website, Service(s) or the App; or

(c) gain, or attempt to gain unauthorised access to the Website, Service(s), the App, Membership and/or login and password details of any party, entry ballots, or the computer, server, network, or any other digital system utilised in connection with the operation, maintenance, or hosting of the Website, Service(s), Accounts, or affiliated third-party service providers.

1.5. You agree that you will not misuse the Website, Services, App, Accounts, your or the Membership Information of any other party to develop, generate, transmit, distribute, or store information or data that is, or could be:

(a) defamatory, harmful, abusive, obscene, hateful, or otherwise unlawful;

(b) in any way obstructive or interferes with the normal performance of the Website, App, Service(s) or any other party’s use of the Website, App, or Service(s);

(d) considered or constituted to be harassment or a violation of the privacy or threatening to the privacy of another party, group, or class of individuals;

(e) harmful or promotes or depicts harm to children or any other vulnerable class of individuals in any manner;

(f) a violation of any applicable law, regulation, or government or statutory ordinance;

(g) considered to be a false, misleading, or deceptive statement or representation regarding Shire Talk, the Website, App, Service(s), and any associated entity, body corporate, or Network Business Affiliate; or

(h) utilised to conduct a phishing or pharming scheme or to impersonate any other party, or to steal or assume the identity of any other party’s identity whether such identity is their real identity, an online alias or username, or otherwise.

1.6. You agree that you will not:

(a) procure, obtain, or attempt to procure or obtain any information not publicly available or otherwise permitted to be available to you in the ordinary use of the Website, Service(s), or App, from the Website, Service(s), or App that includes but is not limited to the Membership Information of any other party, Shire Talk, source codes, or other proprietary software information;

(b) intercept, examine, view, or otherwise observe any proprietary, private, or privileged communications or protocols utilised by or in connection with the Website, the Service(s), App, by Shire Talk, or any third-party services provider acting on behalf of Shire Talk, including but not limited to doing so or attempting to do so through the use of a network analyser, ‘packet sniffer’, or any other device or software designed to, or capable of intercepting, examining, viewing, analysing, or otherwise observing any proprietary, private, or privileged communications or protocols; or

(c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, ‘drop-dead’ device, Trojan Horse routing, trap door, time bomb, or any other coding, instruction, or third-party software designed to or otherwise capable of producing or providing any malicious, surreptitious, or unauthorised access to, distortion of, deletion, damage, disassembly, deactivation, or corruption of the Website, App, or Service(s).

1.7. Any and all comments, feedback, suggestions, ideas, or any other submissions, data, or information input that you disclose, submit, post, or offer to us in connection with your use of the Website, App, or Service(s), including but not limited to your suggestions regarding improvements to the Website, Service(s), or the App, collectively, (the ‘Comments’), become our exclusive property.

1.8. Such disclosure, submission, offer, or post of any Comments by you in connection with the use of the Website, App, or Service(s) shall constitute an assignment to us of all world-right rights in, title, and interest in all patent, copyright, trademark and any and all other intellectual property and rights whatsoever, in and to the Comments, and a waiver of any claim based on an moral rights, unfair competition, claim of breach of an implied contract, confidentiality, or any other legal theory or concept relating to submissions.

1.9. For the avoidance of doubt, clauses 1.7-1.9 herein mean that we own, to the exclusion of all others, exclusively all such right, title, and interest in the Comments, and we shall not be limited in any way in the use, commercial or otherwise, of the Comments. If you do not wish to assign any such rights to us, do not submit any Comments in connection with your use of the Website, App, or Service(s).

1.10. Shire Talk is, and will not be under any obligation to:

(a) maintain any Comments in confidence;

(b) pay you, or any third party any compensation for the use, distribution, or in connection with any Comments; or

1.11. You are and shall remain solely responsible for the content of any Comments that you make in connection with us, or your use of the Website, App, or Service(s).

1.12. By posting Comments or any other content, you warrant and represent that you own the rights to same, or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute such Comments and/or content and grant use the right to do the same.

1.13. You hereby irrevocably waive any claims based on moral rights or similar legal theories, if any.

1.14. Any Member Content or content posted on the Website, App, or Service(s) by users of same (‘User Content’) and the contents of all of your Comments and/or other communications, including but not limited to chat, text, voice, or other communications, IP addresses, and your Member Information may be accessed and/or monitored as necessary to ensure the compliance with these Terms and the provision of the Service(s) and may be disclosed:

(a) when we, in good faith, believe that we are required to disclose the information in response to a legal process, for example, circumstances including but not limited to where we are asked or required to disclose information by court order, search warrant, or subpoena;

(b) to satisfy any applicable laws, legislation or regulations;

(c) where we believe that the Website, App, or Service(s) is, or an attempt is being made to use the Website, App, or Service(s) in connection with or in the commission of a crime, which includes reporting such activity to the correct police or other regulatory authority or to exchange information with other entities and/or organisations for the purposes of fraud protection and credit card or identity theft prevention or protection;

(d) when we, in good faith, believe that there is an emergency that poses a threat to the health, safety, or privacy of you, another person, or entity, or the public generally; and

(e) in order to protect the rights or property of Shire Talk, including but not limited to enforcing these Terms.

1.15. By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring, access, and disclosure and agree that the terms in relation to same are reasonable and necessary in the protection of our, your, and other people’s interests, and that of the public generally.

1.16. When accessing the Website, App, or Service(s), you agree to obey the law and to respect and not violate the intellectual property rights of others, including other users, Members, and us.

1.17. Your use of the Website, App, and the Service(s) is at all times governed by and subordinate to the laws regarding copyright ownership and the use of intellectual property.

1.18. You agree not to upload, download, display, perform, transmit, or otherwise disseminate or distribute any information or content that is, or may violate any individual or third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

1.19. You are solely responsible for and liable for any violations of any relevant laws and for any infringements of another person or third-party’s rights caused by any User Content or Comments that you provide or transmit, or that is provided or transmitted in connection with your Membership, the Website, App, or the Service(s). The burden of establishing that such User Content or Comments does not violate any laws or other individual’s or third-party rights is solely your responsibility.

1.20. The Website, App, and Service(s) are operated by Shire Talk in Australia. Individuals or entities electing to access the Website, App, or Service(s) from a location outside of Australia may do so upon their own initiative, but are solely responsible for and liable to ensuring their compliance with any and all applicable laws in the jurisdiction from where they have accessed the Website, App, or Services and Shire Talk shall not be liable, and you indemnify, save, and hold harmless Shire Talk, its directors, employees, agents, heirs, assigns, related bodies corporate and their officers for any damages, cause, or action arising out of your use of the Website, App, and Services that may violate local laws whether within or outside Australia.

2. Shire Talk Intellectual Property and Infringement of Intellectual Property

2.1. All interfaces, content, the arrangement, and layout of the Website and App, including but not limited to the Shire Talk trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, any other content, and any combination or compilation of same (‘Shire Talk IP’), are the property of Shire Talk except where otherwise described in these Terms, and are protected from copying, imitation, communication, or simulation under Australian and international copyright and intellectual property laws and may not be reproduced, modified, communicated, displayed, distributed or disseminated or transmitted without the prior express written consent of Shire Talk.

2.2. You understand and acknowledge that in visiting or using the Website, App, or Service(s) that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Website, App, or Service(s). You further agree to not display or use any Shire Talk IP or third-party content located on or within the Website, App, or in connection with the Service(s) in any manner not expressly permitted in these Terms.

3. Hyperlinks

3.1. Links from the Website: The Website may contain links to websites operated by other parties (‘Linked Sites’). Shire Talk provides these links to other websites, as the case may be, for convenience only and use of any linked websites is strictly at your own risk. Linked sites are not under the control, ownership, or operation of Shire Talk and Shire Talk is not

responsible for the content presented by or available on Linked Sites. Such links strictly do not imply that Shire Talk endorses the information or material on a Linked Site and Shire Talk disclaims all liability in relation to your access to and use of such Linked Sites.

3.2. Links from the Website: You are not permitted to place a link to the Website on any other website without our prior written consent, including, and without limiting such requirement, you must at all times adhere to our linking policy (the ‘Website Linking Policy’) as follows:

(a) the appearance, position, and other aspects of any link to our Website that you may post in accordance with the Terms and this policy must not damage or dilute any goodwill or the good reputation of Shire Talk and/or its licensor’s, their names, trademarks, and/or brand identity;

(b) the appearance, position, and other attributes of the link must not create the false appearance that you, your organisation, or entity is sponsored by, affiliated with, or associated with Shire Talk except as permitted under a commercial arrangement with us or otherwise without our express written consent;

(c) when selected by a user, an approved link to our Website must be done such that the link retrieves our Website as displayed on full-screen and not within a frame on the linking site; and

(d) Shire Talk reserves the right to revoke any implied or express consent to the posting of the link at any time, for any reason, in its sole discretion.

4. Services

4.1. Shire Talk offers eligible members the opportunity to obtain membership via subscription to our rewards and/or loyalty Members Platform (‘Shire Rewards’). Eligible Shire Rewards subscribers (‘Members’) receive access to the Member’s Platform where Members may utilise discounts, manage their personal information, subscription payment information, and/or entering into a Shire Talk sponsored giveaway or promotional offer.

4.2. Shire Talk reserves the right to add, change, modify, suspend, or discontinue Services to Members at any time in its sole discretion, at any time, for any reason, including but not limited to a breach of the Terms, lack of availability, or Member ineligibility. Your use of our Website, the Member’s Platform, Shire Rewards, or the Services, including the availability or offering of new services shall be subject to these Terms and any changes to them as made from time to time. Shire Talk may impose limits, restrictions, or discontinue your access to portions or all of the Website, Member’s Platform, Shire Rewards, or the Services at its sole discretion without notice or liability.

Shire Talk Limited reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time and without specific notice. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Your usage of any part of the website will be subject to the most current version of the TOU.

5. Privacy Policy

5.1. By purchasing or obtaining a Membership, using the Member’s Platform, entering a giveaway, posting or contributing to content on the Website, or in any way providing personal information to us, you represent that you have read and consent to our privacy policy in addition to these Terms. Our privacy policy can be located on the website at under about us 🡪 privacy policy. You can also access and view our privacy by clicking the following link: www.shiretalk.com.au/privacypolicy/.

5.2. Shire Talk may revise the Privacy Policy at any time. Updates to our privacy policy will be posted, from time to time, on the Website. If at any time you disagree with or do not consent to the terms of the Privacy Policy, you must immediately cease using the Website, Member’s Platform, and/or any of the Services.

5.3. If you at any time withdraw consent or do not agree to the Terms or Privacy Policy, as may be amended from time to time, you automatically lose eligibility to enter into or be in receipt of any giveaway. For the avoidance of doubt, eligibility criteria for any giveaway offered on the Website or via the Member’s Platform includes but is not limited to your continued acceptance and consent to be bound by the Terms and Privacy Policy.

5.4. Shire Talk is not liable, in any circumstance, including but not limited to circumstances where you become ineligible to use the Website, Member’s Platform, Services, or otherwise might have received a benefit in any contest or giveaway due to your failure or withdrawal of your consent to be bound by the Terms, Privacy Policy, or failure to meet giveaway eligibility criteria.

6. Support

6.1. Shire Talk supports official Australian Business Affiliates of the Shire Rewards network of affiliated businesses (the ‘Network’). To become an official Network Business Affiliate, please visit https://shirerewards.com.au/business/.

6.2. Members who purchase access to Shire Rewards support the Shire Talk brand, selected charitable organisations, and can gain access to entry for promotional giveaways, discounts, and rewards as offered from time to time by our official Australian Business Affiliates via the Shire Rewards Member’s Platform. To gain access to Shire Rewards and to become a Member, please visit the App Store or Google Play to download our easy-to-use app and register your details.

7. Refunds, Returns, and Exchanges

7.1. If you have purchased a paid membership to the Shire Rewards App (the ‘App’) during a period where your purchase entitles you to a special promotion or free entry into a giveaway, your membership fee is non-refundable for that period.

7.2. Goods and or Services offered via the Website and/or the App come with certain consumer guarantees that may not be excluded in accordance with Australian Consumer Law. For more details on your rights as a consumer, please click the following link: https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees.

7.3. In accordance with Australian Consumer Laws, you are entitled to the following in the case where Goods or Services provided to you fail to be of an acceptable quality and such failure amounts to a Major Failure (as defined by the Australian Competition and Consumer Commission):

(a) cancel your subscription;

(b) receive a refund for the unused portion of the goods and or Services or compensation for their reduced value; and/or

7.4. Where you are eligible for a refund or compensation for goods and/or Services that are the subject of a Major Failure, such refund or compensation for reduced value shall be limited to a maximum of the original value of the goods and or Services purchased during the period (if applicable) where such Major Failure occurred.

7.5. In accordance with Australian Consumer Law, where a fault with goods and or services does not amount to a major failure, you are entitled to have the failure rectified within a reasonable period of time. If a rectification is not possible, or not possible within a reasonable period of time, you may be entitled to a refund for the goods and/or services or to cancel a contract for the service where a cancellation or refund are adequate remedies and not otherwise ineligible under the terms, as permitted by Australian consumer law.

7.6. For the avoidance of doubt, you are not entitled to a refund or rectification for reasons including but not limited to change of mind, a failure to understand properly, or your withdrawal of consent to be bound by the Terms, or ineligibility to utilise the goods and or Service(s).

8. Eligibility

8.1. Certain aspects of the Website, Service, and membership to the Shire Rewards member’s platform are restricted and/or limited to persons at or above the age of 18.

8.2. Eligible prize winners must be at or above the age of 18 at the time of entry into any giveaway offered via the Website, App, or Shire Talk, must be ordinarily residents of Australia, and must be in Australia at the time any draw or announcement of a giveaway winner/recipient is announced. For the avoidance of doubt, Members who do not meet each of these criteria will not be eligible to participate in or receive any prize or giveaway. Further eligibility requirements may be subject to change based on the nature of the prize or giveaway, and these eligibility criteria form the minimum, but not necessarily all criteria required for prize and/or giveaway recipient eligibility.

8.3. Shire Talk employees, directors, agents, and their collective immediate family members (i.e., parents, spouses, domestic partners, siblings, and children) or any other individual ordinarily residing in the same household as a Shire Talk employee, director, or agent are ineligible to win any prize or giveaway offered by Shire Talk or via the App.

9. Business Affiliate Registration and Membership

9.1. Australian businesses wishing to become part of the Network must complete the registration process. The registration process may include the requirement to submit the name of the business, the name of a contact/authorised person on behalf of the business, trading address of the business, email address of the business and business telephone contact information. You will also be required to create a username and password for access to the business owner Network platform upon registration.

9.2. You warrant that information provided during the registration process (‘Member Information’) for the purposes of creating a business affiliate account will be current, accurate, true and complete. A failure to provide current, accurate, true, and complete Member Information constitutes a breach of the Terms and may result in the termination of your business network account (‘Business Network Account’).

9.3. Business Network Account holders (‘Business Members’) must, in addition to any other terms contemplated herein:

(a) update their Member Information in a prompt and timely manner should it change, keeping, at all times, the information current, accurate, true, and complete; and

(b) maintain the confidentiality of the login information (i.e., the password) to their Business Network Account.

9.4. Business Members must not, in addition to any other prohibitions contemplated herein:

(a) access a Business Network Account using the email address, username, or otherwise the login details of any other individual, entity, or business with the intent to impersonate that person or business or otherwise without the express written consent of that individual, entity, or business;

(b) use a name, username, or email subject to the rights of any other individual, entity, or business without the express consent of an authorised person to do so;

(c) use a name, username, or email that contains profane, offensive, or otherwise distasteful language, including names, usernames, or emails that attempt to cloak or mask such language with the use of alternate spelling, symbols or characters; and

(d) allow any other individual, entity, or business to use their Business Network account and/or password except as otherwise expressly contemplated in these Terms.

9.5. For the avoidance of doubt, a failure to abide by clause 9 contained herein, in addition to any of the Terms may result in the revocation of your Business Network Account. Business Members may not disclose their password to anyone outside of their business organisation and may only do so with the consent of the authorised Business Network Account authorised/contact person.

9.6. If you suspect or are aware of any suspicious activity, security or information breaches, known, or suspected unauthorised use of your Business Network Account, which may include, but is not limited to the unauthorised or unintentional disclosure of your password, loss, or theft, you must immediately change your password and notify admin@shiretalk.com.au.

9.7. You understand and agree that Shire Talk, the Website, and the App are not liable for activity that occurs under any Business Network Account (or any other such member account you may hold) created for your use. Such exclusion of liability includes but is not limited to activities conducted under your account(s) even if you did not personally engage in or permit such activity. Shire Talk, its directors, employees, agents, heirs, affiliates, and assigns shall not be responsible nor liable for any loss or damage arising from your failure to maintain the confidentiality of your Business Network Account or any other account you may hold, including the confidentiality of your login details and/or password (‘Account Confidentiality’)

9.8. For the avoidance of doubt, any losses, damages, or costs, incurred by you as a result of your failure to maintain your Account Confidentiality shall be your sole liability and responsibility.

9.9. Shire Talk offers multiple tiers of Business Network Memberships that grant Business Network Members access to exclusive marketing opportunities and/or other member services. Memberships are currently offered in three tiers, though, the Business Network Membership options offered may, at any time, be subject to change and/or availability.

9.10.The Business Network Membership offerings may, from time-to-time change, have features added or removed and be subject to product and service availability at the sole discretion of Shire Talk. Subject to availability, the features and services included in the membership you selected at the time of your registration will remain active and your subscription will not change unless you cancel your Business Network Membership, fail to renew your monthly subscription, or your Business Network Membership is revoked.

9.11. Shire Talk cannot guarantee that if you cancel, fail to renew, or register for a new Business Network Membership that the price, features, and offerings available to you at the time of your initial registration for Membership will be available when you register for a new, additional, or subsequent Business Network Membership. Shire Talk is not liable for any changes to Business Network Membership offerings whereby your account has lapsed, been cancelled, or closed, however caused.

9.12. Features and the cost of existing memberships may be subject to change at the sole discretion of Shire Talk. You will be notified prior to the monthly renewal of your Business Network Membership subscription cost (‘Subscription Cost’) if changes to your Subscription Cost are to take effect during the next monthly billing cycle.

9.13. From time to time, you may receive notifications as to updates regarding the Terms, Membership inclusions, limitations, exclusions, promotions, software updates, bug fixes, or any other changes to the Website, App, or your Membership. Shire Talk reserves the right to make these changes at any time, for any reason, without the requirement for notice to you, and in accepting these Terms you accept that Shire Talk shall not be liable for any losses, damages, or costs incurred by you in connection with your use of the Website, App, the Services, or Business Network Membership, however caused.

9.14. Business Network Membership offerings are subject to an initial set up cost and re-occurring monthly subscription fee. Your subscription fee will automatically reoccur on a monthly basis and be withdrawn from the account or method of payment you utilised during your registration for a Business Network Membership and payment of the initial set-up fee.

10. Termination, Revocation, or Cancellation of a Business Network Affiliate Account, Membership, or Subscription

10.1. Business Network Members understand and agree that they have no ownership, proprietary or otherwise in their Business Network Membership Account and Shire Talk may discontinue the service at any time.

10.2. Shire Talk may terminate, cancel, revoke, or suspend a Business Network Affiliate Account, Membership, subscription, or access to any of the platforms and/or services associated to same, permanently delete all of your Member Information, and any other information you may have provided through the Website, the App, or in connection with any of the Services, including user generated content (collectively, ‘User Content’), associated with you, your Membership, or your account at any time, without notice, and for any or no reason including but not limited to limitations of availability, resources, accessibility, or your breach of these or any other applicable Terms and such termination, cancellation, revocation or suspension may be effected at the sole discretion of Shire Talk.

10.3. The Indemnified Parties are not liable for any damages or loss resulting from or in connection with the removal of any User Content from the Website, App, or Business Network Affiliate Platform.

10.4. Business Network Affiliates may cancel their Membership or subscription at any time by writing to admin@shiretalk.com.au and advising us of the date at which you request the Membership or subscription cancellation to take place, or, if available via the App, Website, or Business Network Affiliate Platform.

10.5. A cancellation of your Membership or subscription instigated by you will take effect once the request has been processed by our administrative team and the request has been applied to your Membership and/or Subscription. If you request a cancellation, you will not be entitled to a refund for the period within which the cancellation was made, and the cancellation and stop of automatic or reoccurring payment withdrawals will take effect the immediate following billing cycle so long as your request to cancel your Membership and/or Subscription has been received and processed by our administration within five (5) days of the next applicable billing cycle.

10.6. Shire Talk reserves the right to temporarily or permanently restrict, suspend, or prohibit access to the Website, Services, Business Network Affiliate’s platform or Member’s only access to any of the above, to any Members who have cancelled, or have had their account, membership, or subscription cancelled for any reason.

11. Shire Rewards Registration and Membership

11.1. Individuals wishing to participate in the Shire Rewards program must download the Shire Rewards app and complete the registration process. The registration process may include the requirement to submit your first and last name, email, and contact information and date of birth for age verification purposes. You will also be required to create a username and password for access to the offerings (‘Member Benefits’) available, from time to time, via your Shire Rewards Membership.

11.2. Members warrant that their Member Information will be current, accurate, true and complete at all times. A failure to provide current, accurate, true, and complete Member Information constitutes a breach of the Terms and may result in the termination of your Shire Rewards Membership.

11.3. Shire Rewards Subscribers (‘Rewards Members’) must, in addition to any other terms contemplated herein:

(a) update their Member Information in a prompt and timely manner should it change, keeping, at all times, the information current, accurate, true, and complete; and

(b) maintain the confidentiality of the login information (i.e., the password) to their Shire Rewards account.

11.4. Rewards Members must not, in addition to any other prohibitions contemplated herein:

(a) access a Shire Rewards account using the email address, username, or otherwise the login details of any other individual, entity, or business with the intent to impersonate that person or business or otherwise without the express written consent of that individual, entity, or business;

(b) use a name, username, or email subject to the rights of any other individual, entity, or business without the express consent of an authorised person to do so;

(d) allow any other individual, entity, or business to use their Business Network account and/or password except as otherwise expressly contemplated in these Terms.

11.5. For the avoidance of doubt, a failure to abide by clause 11 contained herein, in addition to any of the Terms may result in the revocation of your Shire Rewards Membership and/or cancellation of your Shire Rewards Subscription. Rewards Members may not disclose their password to anyone or provide their account information to any other person.

11.6. If you suspect or are aware of any suspicious activity, security or information breaches, known, or suspected unauthorised use of your Shire Rewards Account and/or subscription, which may include, but is not limited to the unauthorised or unintentional disclosure of your password, loss, or theft, you must immediately change your password and notify admin@shiretalk.com.au.

11.7. You understand and agree that Shire Talk, the Website, and the App are not liable for activity that occurs under any Shire Rewards Account and/or Subscription (or any other such member account you may hold) created for your use. Such exclusion of liability includes but is not limited to activities conducted under your account(s) even if you did not personally engage in or permit such activity. Shire Talk, its directors, employees, agents, heirs, affiliates, and assigns shall not be responsible nor liable for any loss or damage arising from your failure to maintain the confidentiality of your Shire Rewards Account or any other account you may hold, including the confidentiality of your login details and/or password (‘Account Confidentiality’)

11.8. For the avoidance of doubt, any losses, damages, or costs, incurred by you as a result of your failure to maintain your Account Confidentiality shall be your sole liability and responsibility.

11.9. Shire Talk has introduced multiple levels of membership to the Shire Rewards programme. Levels of membership, as may be amended from time to time, and subject to availability, may include our base level of membership (Local Supporter), second level of membership (Local Hero), and third level of membership (Local Legend).

11.10. Rewards Members commence their membership at the Local Supporter level and can earn and accumulate reward points benefits and perks as offered from time to time from Network businesses by utilising the App when making purchases or visiting (as the case may be) verified Business Network Associate locations. Rewards members may raise their membership status by using the App and accumulating reward points, and at specific accumulation thresholds raise their status from Local Supporter to the second tier (Local Hero), and at a further threshold raise their status to the third tier, (Local Legend). Rewards Members may also have the opportunity depending on their chosen subscription, to maintain second or third-tier status without the need to maintain the requisite rewards points accumulation threshold(s).

11.11. The Shire Rewards Member Benefits may, from time-to-time change, have features added or removed and be subject to product and service availability at the sole discretion of Shire Talk and/or Network Business Associates. Subject to availability, the features and services included in the membership you selected at the time of your registration will remain active and your subscription will not change unless you cancel your Shire Rewards Membership, fail to renew your monthly subscription, or your Shire Rewards Membership is revoked.

11.12. Shire Talk cannot guarantee that if you cancel, fail to renew, or register for a new Shire Rewards Membership that the price, features, and offerings available to you at the time of your initial registration for Membership will be available when you register for a new, Shire Rewards Membership or elect to change your subscription and member tier status. There is no guarantee that Member Benefits available at any given subscription tier, whether paid or earned via rewards points, will continue to be available once your tier level has changed. Shire Talk is not liable for any changes to Shire Rewards Member Benefits or offerings in any case, including but not limited to where your account subscription has lapsed, been cancelled, or closed, however caused.

11.13. Features and the cost of existing memberships may be subject to change at the sole discretion of Shire Talk. You will be notified prior to the monthly renewal of your Shire

Rewards subscription cost (‘Subscription Cost’) if changes to your Subscription Cost are to take effect during the next monthly billing cycle.

11.14. From time to time, you may receive notifications as to updates regarding the Terms, Membership inclusions, limitations, exclusions, promotions, software updates, bug fixes, or any other changes to the Website, App, or your Membership. Shire Talk reserves the right to make these changes at any time, for any reason, without the requirement for notice to you, and in accepting these Terms you accept that Shire Talk shall not be liable for any losses, damages, or costs incurred by you in connection with your use of the Website, App, the Services, Shire Rewards, or Business Network Membership, however caused.

11.15. Shire Rewards Memberships on a paid subscription basis are subject to a re-occurring monthly subscription fee. Your subscription fee will automatically reoccur on a monthly basis and be withdrawn from the account or method of payment you utilised during your registration for your Shire Rewards Membership. Upgrading or downgrading your Shire Rewards subscription takes effect on the commencement of the next billing cycle.

12. Shire Rewards Member Benefits

12.1. Reward points earned by Shire Rewards Members accumulate and roll over to the next month and accumulated points are valid for a period of 12 months from the date at which they were first earned.

12.2. Tier-two (Local Hero) and/or tier-three (Local Legend) level Members unlock eligibility to receive entries into the Shire Rewards quarterly giveaway as long as they have maintained tier-two or tier-three level membership status for a period of at least two (2) consecutive months. Tier-one level Members are not eligible for entries into the Shire Rewards quarterly giveaway.

12.3.Concerns or enquiries regarding entries may be directed to admin@shiretalk.com.au.

12.4. Eligible tier-two level Members will receive one (1) complimentary entry per month to be entered into a random draw for each quarterly giveaway. Entries into a draw for the quarterly giveaway accumulate each month so long as Members remain the minimum level of eligible membership or above.

12.5. Eligible tier-three level Members will receive six (6) complimentary entries per month to be entered into a random draw for each quarterly giveaway. Entries into a draw for the quarterly giveaway accumulate each month so long as Members remain at the minimum level of eligible membership or above.

12.6. Shire Rewards may, from time to time, offer eligible Members the option to purchase entries to quarterly giveaways in addition to the complimentary entries eligible Members may earn through their use and participation in Shire Rewards. Entries purchased by eligible Members accumulate up to the date of the quarterly giveaway to which they apply and expire immediately upon draw and announcement of the quarterly giveaway winner.

12.7. Prizes offered during each quarterly giveaway may vary, and the value of the prizes given away during each one-year period will collectively, amount to not less than a cumulative value $30,000.00 AUD. Prize offerings will have a specified value but may not be redeemed for cash unless at the discretion of Shire Talk, but any cash value must be strictly limited to a maximum of not more than $7,000.00 AUD in accordance with the provisions of lottery regulating legislation including the Community Gaming Act 2018 (NSW), the Public Lotteries Act 1996 (NSW), and the Lotteries and Art Unions Regulation 2007 (NSW) (the ‘NSW Gaming Legislation’).

12.8. For the avoidance of doubt, in accordance with no prize offering or giveaway shall be offered or given in the form of cash and may not be transferred, assigned, or exchanged for cash value except as permitted by any license held by Shire Talk and in strict accordance with any current or future NSW Gaming Legislation, as may be amended, updated, repealed, or replaced from time to time.

12.9. Each quarterly giveaway will be subject to these Terms and may be subject to additional terms, conditions, and eligibility criteria specific to that quarterly giveaway. Additional terms and conditions, eligibility criteria and conditions of entry for each quarterly giveaway will be available on the Website and may be accessible via the App or Business Network Associate platform.

13. Third-Party Products, Services, Promotions, and Network Affiliate Member Benefits

13.1. Third party services, content, information, and products may be made available by Shire Talk via the Website, Service(s) or the App. Third party products, services, discounts, promotions, or Member Benefits offered by Business Network Affiliates are made available solely for the benefit of eligible Members and Shire Talk makes no representation or warranties regarding any third party products, services, discounts, promotions, or Member Benefits offered by Business Network Affiliates, and takes no responsibility and assumes no liability for same.

13.2. Third party products, services, discounts, promotions or Member Benefits offered by Business Network Affiliates, are subject to the terms, conditions, and policies of any third parties that offer them.

14. Giveaway and Prize Disclaimers

14.1. Entries into quarterly giveaway draws are automatically issued via the app for eligible Shire Rewards members. Your registration and continued Shire Rewards Membership constitutes your consent and agreement to enter into the quarterly giveaway draw (where eligible) and you agree that:

(a) Any and all disputes, claims, and causes of action arising out of or in connection with a quarterly giveaway, promotion, Member Benefit, rewards points or any other benefit Members may receive (‘Member Benefits’) will be resolved on an individual basis and this clause shall serve as a complete bar to any form of class action;

(b) any claims, judgements and awards are strictly limited to the actual demonstrable out-of pocket cost incurred by a Member in connection with the Member Benefit to which the cause of action arose or directly applied (‘Permitted Claim’), and this clause shall serve as a complete bar to any claims for any legal fees and costs on a standard or indemnity basis where a judgement has otherwise been made in favour of the Member;

(c) Members indemnify, save, and hold harmless Shire Talk, its directors, agents, employees, heirs, assigns, licensees, related bodies corporate and their respective officers, agents, employees, heirs, assigns, and licensees, collectively (the ‘Indemnified Parties’) from any claims of punitive, incidental or consequential damages, any rights to have damages multiplied or otherwise increased, and any other claims or damages, other than damages for actual demonstrable out-of-pocket costs directly incurred by the Member in connection with the Member Benefit to which the claim or cause of action arose to the broadest extent permitted by law; and

(d) indemnified Parties bear no liability for losses damages or claims of any kind, directly, indirectly, incidental or consequential to the use of the Website, electronic or computer

malfunction of any kind, the App, a Business Network Affiliate Platform, Member participation in a draw or giveaway, gratuitously or otherwise, even where the Indemnified Parties were aware of or reasonably ought to have been aware of the possibility or risk of such damage.

14.2. Shire Talk may, at any time deem a Member to be ineligible if Shire Talk, at their sole discretion finds that a Member or participant who may benefit from a promotion, draw, or giveaway has tampered with or otherwise abused any aspect of the promotion, draw, or giveaway (‘Promotion’) so as to gain an advantage not contemplated in these Terms, alter the results, influence or attempt to influence the outcome of the Promotion, create a disadvantage for any other Member, or in any way interfere with the Promotion.

14.3. Where a Promotion is compromised by no fault of a Member or by a cause outside the reasonable control of Shire Talk including but not limited to unauthorised human intervention, tampering, hacking, mechanical or server interruption or corruption, and such compromise impairs the administration, security, fairness, or otherwise the operation and administration of the promotion, Shire Talk reserves the right, at their sole discretion, to suspend, modify, re-schedule, or otherwise terminate the promotion and such actions shall not give rise to any claim, loss, damage or liability other than as expressly permitted under these Terms.

14.4. Any attempt by a Member, or an individual or organisation found to be acting at the behest, direction or instruction of a member, to deliberately damage or alter the Website in a manner not permitted by these Terms (‘Offending Member(s)’), or to undermine the orderly and fair and legitimate operation and administration of any promotion, Website, Application, or Service operated or offered by Shire Talk or via the Shire Rewards app, is a violation of criminal and civil laws and Offending Member(s) will be subject to legal action and may be liable to Shire Talk for damages, without limitation, and to the fullest extent permitted at law, incurred by Shire Talk or an Indemnified Party as a result thereof. Shire Talk expressly reserves its rights to seek damages on an indemnity basis from any Offending Member and collect same as ascertained by a court of competent jurisdiction.

14.5. The Indemnified Parties assume no responsibility or liability, of any kind, for any glitches, malfunctions, accessibility issues, technical malfunctions, computer system failures, server, software, internet service provider or distributor, or email system failures (‘Technical Errors’) and failure of any entry into a Promotion being received in time for a quarterly giveaway or other draw, for any reason, including but not limited to being as a result of or in connection to a Technical Failure, incomplete, late, lost, damaged, corrupted, ineligible or misdirected electronic communications or entry into a promotion, and any combination of the above listed Technical Errors for any of the above listed potential reasons.

14.6. Members and Business Network Affiliates (‘Participants’) represent and warrant that they shall not contact any affiliate, employee, sponsor, or partner of Shire Talk in order to manipulate any giveaway, promotion, or draw, or the results or winner of same.

14.7. A Promotion is immediately void where prohibited or restricted by law, legislation, or government ordinance.

15. Termination, Revocation, or Cancellation of a Shire Rewards Account, Membership, or Subscription

15.1. Shire Rewards Members understand and agree that they have no ownership, proprietary or otherwise in their Shire Rewards Account and Shire Talk may discontinue the service at any time.

15.2. Shire Talk may terminate, cancel, revoke, or suspend a Shire Rewards Account, Membership, subscription, or access to any of the platforms and/or services associated to same, permanently delete all of your Member Information, and any other information you may have provided through the Website, the App, or in connection with any of the Services, including user-generated content (collectively, ‘User Content’), associated with you, your Membership, or your account at any time, without notice, and for any or no reason including but not limited to limitations of availability, resources, accessibility, or your breach of these or any other applicable Terms and such termination, cancellation, revocation or suspension may be effected at the sole discretion of Shire Talk.

15.3. The Indemnified Parties are not liable for any damages or loss resulting from or in connection with the removal of any User Content from the Website, App, or Shire Rewards Platform.

15.4. Shire Rewards Members may cancel their Membership or subscription at any time by writing to admin@shiretalk.com.au and advising us of the date at which you request the Membership or subscription cancellation to take place, or, if available you may cancel your Membership via the App or Business Network Affiliate Platform where applicable.

15.5. Cancellation of your Membership or subscription instigated by you will take effect once the request has been processed by our administrative team and the request has been applied to your Membership and/or Subscription. If you request a cancellation, you will not be entitled to a refund for the period within which the cancellation was made, and the cancellation and stop of automatic or reoccurring payment withdrawals will take effect the immediate following billing cycle so long as your request to cancel your Membership and/or Subscription has been received and processed by our administration within five (5) days of the next applicable billing cycle.

15.6. Shire Talk reserves the right to temporarily or permanently restrict, suspend, or prohibit access to the Website, Services, Business Network Affiliate’s platform or Member’s only access to any of the above, to any Members who have cancelled, or have had their account, membership, or subscription cancelled for any reason.

15.7. If you terminate or your Shire Rewards account, membership, or subscription is terminated, you automatically forego any member rewards, reward points, bonuses, benefits, entries into any Promotion, draw, or quarterly giveaway (‘Accumulated Rewards’), and you will not be entitled to later claim or seek to claim a reinstatement of your previously Accumulated Rewards should you open a subsequent Shire Rewards account, membership, or subscription, regardless of whether that subscription is opened with the same or different Member Information as provided in connection with your former account. This clause applies whether your account, membership, or subscription is cancelled, suspended, terminated, or revoked at your own request, by reason of breach of these Terms, or otherwise at the sole discretion of Shire Talk.

15.8. A cancellation, revocation, or termination of your account, membership, or subscription, for any reason automatically re-sets your membership tier status back to tier-one (Local Supporter) should you reinstate or re-create your account, membership, or subscription at any time, and you will not have any claim or entitlement to having any previously accumulated Member Benefits reinstated to your account, membership, or subscription.

15.9. A termination of your account, membership, or subscription does not automatically remove you from any email, SMS, or other promotional marketing campaigns. You may unsubscribe from promotions and digital marketing by clicking unsubscribe and following the instructions within that digital marketing and/or communication whether that digital marketing and/or communication is distributed or disseminated directly by Shire Talk or a third-party engaged by Shire Talk to perform marketing and/or advertising on our behalf.

16. Failed Subscription Payments

16.1. Your account may be cancelled if your Subscription Payment(s) fail and attempts to redraw your payment are unsuccessful. Shire Talk will make subsequent attempts via Stripe and in accordance with their terms and conditions (to a maximum of four) to draw your subscription payment. Attempts ay payment withdrawal will occur automatically, once every five (5) days to a maximum of twenty (20) days (the ‘Grace Period’). If we are unable to successfully withdraw your subscription payment on the 4th and final attempt, or you have failed to make your payment within the twenty (20) day Grace Period, your subscription will be automatically terminated and any rewards, points, entries into any promotion, draw, or giveaway or benefits earned under your Membership will be lost and will not be able to be recovered should you later re-create a Membership account.

16.2.If your payment has failed due to a change in your payment or banking details, or you have changed your payment or banking information, you must update your information to ensure the withdrawal of payment for your Membership subscription is successful.

16.3.Membership payments are withdrawn automatically by a secure payment gateway operated by a third-party point of sale vendor Stripe. The terms and conditions of use as amended by Stripe, from time to time, shall apply to transactions processed through the Stripe platform in addition to these Terms.

16.4. At this time, the Stripe payment platform does not have the functionality to permit a subscription or Membership to be re-activated. If your subscription is cancelled or terminated for lack of payment, incorrect payment details, or for any other reason, any cached information, including your Membership Information and any accumulated reward points will be lost immediately upon the termination of your Membership Subscription.

16.5. In accordance with these Terms, Shire Talk is not liable for any loss of rewards, entries, points, or other member benefit accumulated by you if your Membership is terminated for any reason, however caused.